UK Custody Services Permission Support | Pre-authroisation Assessment | FCA Application Management | UK Custodial Authorisation Regime Compliance Support

We offer a comprehensive set of solutions to help you obtain and maintain a custody services permission issued by the Financial Conduct Authority (FCA), tailored to:

• Your business goals and objectives
• Your client demographics
• Your countries of operation
• The size of your business
• The available human and technology resources
• Your risk appetite
• Your governance structure
• Specifc products that you offer
• FCA regulated custodians’ obligations covering risk and compliance management under financial laws and regulations, the applicable financial licensing requirements, AML/CFT laws, privacy laws, consumer protection laws, and more

We have designed our financial licensing solutions to help you navigate the complexities of the UK custodial authorisation regime in a commercially oriented and goal-focused manner, providing effective support for all stages of the custodians’ licensing process, including but not limited to the following aspects:

• Custody services permission Guidance: Advising on a wide range of aspects associated with custody services permission as it relates to your specific situation
• Pre-licensing assessment: Covering compliance gap analysis as well as risk and compliance assessment
• Pre-licensing support:
• Drafting the necessary policies and procedures to help you comply with the custody services permission conditions and financial markets' regulations
• Developing internal controls to help you meet your obligations under the UK custodial authorisation regime
• Custody Services Permission Application Support: Covering the entire licensing process
• Post-licensing Support: Covering
• Ongoing compliance advice
• Comprehensive second-line risk and compliance support, including leading the implementation of your risk management framework (RMF), compliance management framework (CMF), compliance monitoring program (CMP), compliance calendar and checklist, ongoing risk assessments, internal and external reporting, outsourced providers' management, and more
• AML/CFT advice
• AML/CFT compliance management
• Compliance assurance solutions, including compliance assurance program (CAP) development, implementation, and internal control testing

 

Service Coverage

This page is about the FCA Authorisation to provide custodial services in the UK. We offer comprehensive support for a wide range of custody services permissions' applications tailored to meet the specific needs of the following businesses:

• Fund Custodians
• Securities Custodians
• Bank Custodians
• Digital Asset Custodians
• Trust Custodians

You can find more information about our custody services permissions' solutions below:

 

Custodial Licensing Preparation

Pre-licensing Compliance Assurance

Our custody services permission solutions cover the following focus areas:

• Compliance Goals Analysis: We review your business-specific goals and resources against the suitability criteria for a custody services permission
• Initial Consultation: We provide guidance on potential risk and compliance issues that may arise during the custodians’ licensing process
• Choosing the Right Jurisdiction: We assist in evaluating regulatory, risk, and compliance environments to determine the most suitable jurisdictions for your custody services permission, tailored to suit your:

• business objectives,
• operational capacity,
• client base,
• markets of operations,
• and other relevant factors

• Gap Analysis: We identify gaps between your existing operations and regulatory requirements and help you align them in a commercially oriented manner
• Custody Services Permission Application Plan: We help you establish a roadmap to effectively meet the custody services permission requirements

 

Custody Services Permission Guidance

Selecting the right compliance model is crucial not only for navigating the licensing process but also for maintaining ongoing compliance and avoiding potential breaches. Our custodians’ licensing solution covers:

• Compliance Model Selection: To help you best comply with the UK custodial authorisation regime and related risk and compliance obligations.
• Corporate Governance Model Selection: We offer practical guidance on establishing effective corporate governance practices that support your risk and compliance oversight.
• Operations Model Advisory: We advise you on optimising your operational and governance models to help you efficiently comply with the licensing requirements for custodial providers and other applicable FCA regulated custodians’ obligations, keeping in mind your specific circumstances, available resources and business goals.

 

Entering FCA Regulated Environment

We help businesses transition from an unregulated environment to operating under the UK custodial authorisation regime, helping them meet their obligations as a custody services permission holder.

We also assist already regulated businesses in aligning their existing risk and compliance management structures with the UK custodial authorisation regime requirements.

Our focus areas for this service include:

• New businesses
• Existing custodian providers operating in unregulated markets
• Regulated custodians expanding into foreign jurisdictions
• Financial institutions and/or service providers with established risk and compliance frameworks seeking to offer regulated custody services as a new product.

 

Multi-Jurisdictional Compliance

With years of experience managing risk and compliance obligations for businesses operating under multiple financial licences across various jurisdictions, we help businesses remain compliant with regulated custodians’ obligations globally.

 

Custody Services Permission and Wholesale Markets

Getting a custody services permission may not always be the best fit for all. For example, a retail market expansion may not always align with your goals or the products you offer.

Operating in the wholesale environment can sometimes be a more suitable option. We offer a wider range of risk and compliance management solutions to assist custodians that:

• Operate in the wholesale markets
• Operate under exemptions from the UK custodial authorisation regime
• Offer services to sophisticated, eligible, and wholesale investors

 

We help them comply with the regulatory compliance obligations that are not caught by the UK custodial authorisation regime but that still have to be addressed and handled, including:

• Advertisement Rules
• Fair Dealing Regulations
• Risk Management
• Outsourced Providers' Oversight
• Restrictions on offering services to retail investors without a licence (an integral part of the UK custodial authorisation regime)
• Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) laws and regulations
• Data Management Laws and Regulations

 

Custody Services Permission Application

We assist with your FCA authorisation application through ongoing engagement in the custodians’ licensing process:

• Document Compilation and Review: We compile and review all required supporting documents to support your custody services permission application.
• Application Form Completion: We assist you in completing the forms to ensure all material information is accurate and complete.

• Pre-Submission Review: We can arrange a pre-submission review session with key stakeholders to ensure all parts of your application are understood and agreed upon. This session aligns application details with the actual situation, removing ambiguity.
• Regulatory Liaison: We manage the end-to-end submission process, maintaining clear and effective communication channels throughout the regulated custodians' licensing.
• Timeline Management: We closely monitor and adhere to all necessary deadlines, providing timely updates and adjustments to keep the application process on track.

 

Resolving Custody Services Permission Issues

Having competent compliance advisors is crucial when licensing issues arise. Therefore, our custody services permission solutions include a range of services to address and resolve these issues effectively:

• Remediation Solutions for Custody Services Permission Applicants: We address and remediate risk and compliance issues identified by regulators, helping your operations align with UK custodial authorisation regime requirements.
• Specific Licence Conditions Compliance: We can help you manage additional conditions imposed on your custody services permission, developing a tailored action plan to maintain compliance and facilitate the eventual removal of these conditions with minimal disruption to your business operations.

• Licensing Issues Handling: We address common licensing issues encountered during the custodians’ licensing process, providing you with solutions to navigate and resolve these challenges efficiently.
• Further Information: You can visit our Compliance Remediation Solutions page for more information.

 

Post-Licensing Support

We offer a full range of ongoing risk and compliance solutions for licensed custodians. Our services include, but are not limited to:

Ongoing Risk and Regulatory Compliance

• FCA Regulated Custodians’ Obligations Guidance: We can advise your risk, compliance, management and other teams on meeting the requirements of the UK custodial authorisation regime and other regulatory compliance obligations. You can visit our Compliance Consultancy Service page for more information.
• Regulatory Risk and Compliance Management: We provide dedicated compliance managers to manage your overall compliance. For more information, visit our Specialised Compliance Management Solutions page for Custodians.
• Compliance Assurance Solutions: As part of our compliance assurance solutions, we offer:
• Compliance Assurance Program (CAP) development and testing options
• Internal Controls Design option
• Internal Controls Testing option
• Internal AML/CFT Review option
• Statutory AML/CFT Audit option
• Compliance Training Solutions: We offer training programs to different teams on complying with:
• FCA regulated custodians’ obligations for risk and regulatory compliance management. You can visit our Compliance Training page for more information.
• Custodians’ AML/CFT obligations and operational best practices for fraud prevention. You can visit our AML/CFT Training page for more information.
• Crisis Management Planning: We can develop proactive strategies to manage potential compliance crises effectively.
• Anti-Money Laundering (AML) and Counter Terrorist Financing Solutions: We provide a full range of AML/CFT solutions for custodian providers. For more information, visit our Specialised AML/CFT Solutions page for Custodians.
• Advanced Compliance Technologies: We can assist you with selecting and integrating advanced technology solutions, such as compliance automation tools and regulatory technology (RegTech), to streamline compliance processes without disrupting operations.
• Risk and Compliance Framework Adjustments: Including adjustments to risk management frameworks (RMFs), compliance monitoring programs (CMPs), compliance management frameworks (CMFs), and other core procedures and policies to align them with:
• new business goals
• regulatory changes
• changes in your operations
• evolving market conditions
• changes in stakeholders’ risk appetites (your banking partners, insurance companies, liquidity providers, etc.).

 

 

Risk and Compliance Obligations for Custody Services Permission Holders

Custody services permission holders are subject to various obligations set out in applicable laws and regulations. They are also expected to uphold standards for their conduct and internal operations, as outlined in regulatory guidance or accepted industry practices.

We can help you address these obligations and expectations through comprehensive support in the different areas. The list below is not exhaustive:

Custody Services Permission and Regulatory Compliance Obligations

• Compliance Management Systems: We can help you establish effective compliance programs, compliance monitoring plans, controls testing methodologies, compliance calendars and more.
• Risk Management Frameworks: We can help you develop comprehensive risk management frameworks to fulfil FCA regulated custodians’ obligations for identifying, assessing, and mitigating operational, regulatory, strategic, financial and other types of risks.
• Policy and Procedure Development: We can assist you in drafting and implementing policies and procedures that align with custodial licensing requirements.
• Compliance Monitoring Plans: We can oversee the execution of your CMPs, covering ongoing monitoring of your compliance obligations under the UK custodial authorisation regime.
• Internal Control Testing and Compliance Assurance: We can conduct internal reviews and audits of your controls to test their effectiveness and compliance with the applicable regulatory standards.
• Capital Adequacy Requirements: We can help you implement controls to comply with capital adequacy requirements, helping your businesses meet FCAregulated custodians’ obligations for maintaining required financial resources.
• Liquidity Management Requirements: We can assist you in developing controls to comply with liquidity management requirements.
• Financial Auditing Standards: We can assist in establishing procedures to help you comply with the audit and assurance requirements under the UK custodial authorisation regime.
• Regulated Counterparty Engagement: We can help you develop controls to comply with FCA regulated custodians’ obligations that restrict engagement with non-regulated financial service providers.
• Automated Trading Regulations: We can aid you in developing controls to meet automated trading regulations, including compliance with algorithmic trading rules and reporting requirements.
• Commodity Trading Regulations: Commodity Trading Regulations: We can help you establish controls to follow commodity trading regulations and obligations.
• Digital Payment Token Services: We can assist in developing controls to comply with regulations for digital payment tokens, cryptocurrencies, and digital assets, including obligations under the UK custodial authorisation regime and AML/CFT requirements for transaction monitoring and reporting.

 

Custody Services Permission and Operational Oversight Obligations

• Oversight of Outsourcing: We can establish a set of effective controls to comply with UK custodians’ authorisation obligations for overseeing outsourced services, also covering related obligations under AML/CFT compliance, ISO requirements, and more.
• Structures for Governance: We can help you establish effective governance structures to comply with FCA regulated custodians’ obligations and develop an effective approach to overseeing your risk exposure and compliance status across different functions of your business.
• Senior Management Accountability: We can help you comply with FCA regulated custodians’ obligations for senior management and key staff conduct and competence.
• Maintaining Operational Resilience: We assist in developing continuity plans to meet FCA regulated custodians’ obligations for operational resilience, helping critical business services withstand disruptions.
• Managing Technology Risks: We provide guidance on technology risk management obligations under the UK custodial authorisation regime.

 

Custody Services Permission and Market Integrity/Transparency Requirements

• Standards for Market Conduct: We can help you implement controls for FACA regulated custodians’ obligations to maintain fair and transparent market conduct, including preventing manipulation and insider trading.
• Principles for Fair Treatment: We can help you implement controls to comply with expectations that cover adherence to principles of fair treatment and transparent communications with clients.
• Standards for Conduct and Disclosure: We can help you comply with UK custodians’ authorisation standards for conduct and disclosure.
• Product Suitability and Governance: We can establish tailored controls to help FCA regulated custodians’ obligations comply with product suitability and governance obligations, including risk management and governance arrangements across the product life cycle.
• Protection of Client Assets: We can help you comply with UK custodians’ authorisation obligations to protect and segregate client assets.
• Resolution of Disputes: We can help you establish effective mechanisms for dispute resolution and complaints management, particularly for retail clients.

 

Custody Services Permission and Resource Management Obligations

We can help you comply with the following requirements of the UK custodial authorisation regime:

• Adequacy of Resources: Covering financial, technological, human and other resources.
• Competence of Professionals: Covering key personnel, their necessary skills, knowledge, and professional competence.
• Our focus areas include:
• Assessment and Gap Analysis: We can help you evaluate the adequacy of your financial, technological, and human resources against the requirements of the licensing regime.
• Resource Allocation Plans: We can help you develop strategies to optimise resource allocation, covering sufficient capacity for compliance, trading, operations, banking, customer support and other functions and departments.
• Technological Solutions: We can recommend and implement RegTech tools to streamline compliance processes, such as transaction monitoring, reporting, and audit trails.
• Key Personnel Assessment: We can help you assess the skills, qualifications, and experience of key personnel to identify areas for improvement.
• Training and Development Programs: We can design and deliver targeted compliance training programs to upskill personnel in compliance, risk management, and compliance regulations.
• Competence and Accreditations of Advisors and Representatives: We can advise you on certifications and continuing professional development (CPD) requirements for compliance professionals and senior management.
• Representative Vetting: We can help establish a framework for assessing the competence and suitability of advisors and representatives before appointment.
• Compliance Monitoring: We can help develop controls to monitor representatives' adherence to conduct and disclosure obligations.
• Ongoing Training: We can help you create a framework to support continuous education for advisors and representatives on licensing obligations, market integrity, and client interaction standards.
• Regulator Liaison: We can act as an intermediary with regulators to address queries and help you demonstrate compliance with resourcing obligations.

 

Custody Services Permission and Reporting

• Regulatory Reporting: We can help you prepare and submit periodic and ad-hoc reports covering:
  • UK Custodians’ Authorisation obligations
  • Custodians’ AML/CFT obligations (SMRs, STRs, SARs, cross-border transaction reports, cash transaction reports, and other reporting obligations)
  • FCA Regulated custodians’ obligations under financial market conduct regulations
  • Specific transaction reporting to relevant depositories
• Compliance Documentation: We can help you develop and maintain the necessary documentation to meet record-keeping obligations under various laws and regulations.
• Audit Readiness: We can prepare you for audits and reviews to demonstrate compliance with regulatory requirements, provisions of the UK custodial authorisation regime, applicable operational standards, and more.

 

Related Services

We assist in obtaining custody services permission under the FCA Authorisation equivalents in the following jurisdictions:

• Australia: For more information on the Australian equivalent of custody services permission under the FCA Authorisation, the custodial AFSL, you can visit our AFSL Solutions page for Custodians.
• New Zealand: For more information on the New Zealand equivalent of custody services permission under the FCA Authorisation, you can visit our New Zealand Custodians' FSP Registration page.
• Singapore: For more information on the Singapore equivalent of custody services permission under the FCA Authorisation, the custodial services authorisation under the Capital Markets Services Licence (CMSL), you can visit our CMS Licence page. For equivalents related to digital assets custody, you can visit our Major Payment Institution Licence page or Singaporean Standard Payment Institution Licence page. Another option includes a Trust Business Licence under the Trust Companies Act.
• Prominent Financial Centres and Offshore Tax Havens: We also offer licensing solutions for regulated custodial service providers in the prominent financial centres and offshore tax havens, including but not limited to:

• Cayman Islands
• Bermuda
• British Virgin Islands